ICYMI: The Course of the Confirmation Process Isn’t Supposed to Run Smoothly

James Wallner writes at the Library of Law & Liberty:

“To the extent that obstruction and delay make it harder for a majority party to operate in the manner… it serves to reinforce, however imperfectly, the Framers’ view of the Senate’s proper role in the confirmation process. The doctrine of separation of powers should thus be interpreted as necessarily circumscribing the President’s decision-rights by granting the Senate a coequal role in confirming judges and justices to serve on the federal bench. This is necessary to secure qualified nominees without jeopardizing the independence of the judiciary.”

Read more at http://www.libertylawsite.org/2017/09/06/the-course-of-the-confirmation-process-isnt-supposed-to-run-smooth/

Filed Under:
Topics: Legislative Procedure
Tags: James Wallner